AB296: Bill Text

LRB-0456/1

JEO&RAC:wlj:ijs&km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 296

April 22, 1999 - Introduced by Representatives Boyle, Pocan, Young, Miller, Morris-Tatum, Richards and Coggs, cosponsored by Senator Risser. Referred to Committee on Criminal Justice.

AB296,5,2 An Act to repeal 20.505 (3) (c), 301.046 (3t), 301.048 (2) (cm), 301.048 (2m), 301.048 (6) (b), 301.35 (2) (bm), 302.045 (2) (cm), 302.045 (3m), 302.11 (1z), 302.113, 302.114, 304.02 (6), 807.15 (3) (c), 950.04 (1v) (vm), 972.15 (2c), 973.01 and 973.014 (1g); to renumber and amend 301.048 (6) (a); to amend 19.85 (1) (d), 20.410 (1) (b), 20.410 (1) (bn), 20.410 (1) (d), 20.410 (1) (g), 20.410 (1) (gb), 20.410 (1) (gc), 20.410 (1) (ge), 20.410 (1) (gf), 46.21 (1) (d), 46.23 (2) (a), 46.48 (8) (d) 1., 48.78 (2) (d) 5., 49.124 (6), 49.145 (2) (rm), 49.32 (10) (a) 2. a., 51.15 (1) (b) 2., 51.20 (1) (ar) (intro.), 51.20 (13) (g) 2m., 51.30 (4) (b) 10. (intro.), 51.30 (4) (b) 10. a., 51.30 (4) (b) 10. b., 51.30 (4) (b) 10. d., 51.37 (8) (a), 51.37 (8) (b), 51.37 (11), 100.171 (7) (b), 106.215 (8g) (b), 111.32 (3), 132.13 (1) (a), 165.76 (1) (a), 165.76 (1) (e), 165.76 (2) (b) 1., 165.76 (2) (b) 2., 165.76 (2) (b) 3m., 165.76 (2) (b) 5., 165.76 (2) (b) 6., 165.84 (5), 227.03 (4), 230.36 (1), 230.36 (3) (c) (intro.), 230.36 (3) (c) 2., 230.36 (3) (c) 3., 301.03 (2r), 301.03 (3), 301.03 (3g), 301.03 (13), 301.046 (3) (intro.), 301.048 (1) (a), 301.048 (2) (b), 301.048 (2) (d), 301.048 (4) (a), 301.048 (4) (am), 301.048 (4m) (b) (intro.), 301.048 (4m) (b) 1., 301.048 (4m) (b) 2., 301.049 (2) (a) 2., 301.049 (3) (e), 301.08 (1) (c) 2., 3., 3m. and 5., 301.08 (3) (b) (intro.), 301.132 (2), 301.132 (3), 301.21 (1m) (a) 8., 301.21 (2m) (a) 6., 301.32 (3) (a), 301.32 (3) (b), 301.38 (1) (am), 301.45 (1) (b), 301.45 (1) (bm), 301.45 (1) (dh), 301.45 (2) (a) 4. b., 301.45 (2) (e) 1., 301.45 (2) (e) 2., 301.45 (3) (a) 1m., 301.45 (3) (a) 2., 301.45 (3) (b) 2., 301.45 (3) (b) 4., 301.45 (5) (a) 1m., 301.46 (2) (b) 4. b., 302.045 (1), 302.045 (3), 302.045 (4), 302.11 (1), 302.11 (1g) (am), 302.11 (1i), 302.11 (1p), 302.11 (6), 302.11 (9), 302.14, 302.17 (2), 302.25 (4) (c), 302.33 (2) (a) (intro.), 302.33 (2) (b), 302.335 (title), 302.335 (2) (intro.), 302.335 (2) (a) (intro.), 302.335 (2) (a) 1., 302.335 (2) (a) 2., 302.335 (2) (a) 3., 302.335 (2) (b), 302.335 (3), 302.335 (4), 303.065 (1) (b), 303.21 (1) (a), 303.215, 304.02 (3) (c), 304.02 (4), 304.02 (5), 304.06 (1) (b), 304.06 (1y), 304.062 (title), 304.062 (1), 304.062 (2), 304.063 (title), 304.063 (2) (intro.), 304.063 (3), 304.071 (2), 304.072 (title), 304.072 (1), 304.072 (2), 304.072 (3), 304.072 (4), 304.073 (2), 304.073 (2m) (a), 304.073 (4), 304.074 (title), 304.074 (2), 304.074 (3) (intro.), 304.074 (3) (d), 304.074 (4), 304.074 (4m) (a), 304.075, 304.13 (1) (intro.), 304.13 (2), 304.13 (3), 304.13 (7), 304.13 (8) (b), 304.135, 304.137, 304.14, 343.06 (1) (i), 343.30 (2d), 563.14 (2), 563.27 (1), 563.51 (29) (b), 801.50 (5), 807.15 (2) (intro.), 807.15 (3) (a), 938.183 (3), 938.78 (2) (d) 5., 938.991 (1), 938.991 (3) (c), 938.991 (5) (a), 938.991 (5) (am), 938.991 (6), 938.991 (7) (title), 938.991 (7) (a), 938.991 (7) (b), 938.991 (7) (c), 938.991 (14), 938.993 (2), 939.62 (2m) (c), 940.20 (2m) (title), 940.20 (2m) (a) 2., 940.20 (2m) (b), 942.06 (2m) (a), 942.06 (2q) (a) (intro.), 946.42 (1) (a), 946.46, 950.04 (1v) (v), 961.49 (2) (am), 961.49 (2) (b), 969.01 (4), 971.11 (1), 972.13 (6), 972.15 (5) (intro.), 973.013 (1) (b), 973.013 (2), 973.0135 (2) (intro.), 973.014 (title), 973.014 (1) (intro.), 973.014 (1) (c), 973.014 (2), 973.032 (1), 973.10 (1), 973.15 (2) (b), 973.15 (6), 973.155 (1) (b), 973.155 (2), 973.155 (5), 973.20 (1r), 973.20 (10), 975.10 (1), 976.03 (3), 976.03 (13), 976.03 (22), 976.03 (23) (b), 976.03 (27) (a), 976.05 (3) (a), 976.05 (4) (b), 977.05 (6) (h) (intro.), 977.05 (6) (h) 1., 977.05 (6) (h) 2., 978.07 (1) (c) 1., 980.015 (2) (a), 980.02 (1) (b) 2., 980.02 (2) (ag) and 980.02 (4) (am); and to repeal and recreate 11.61 (1) (a), 11.61 (1) (b), 12.60 (1) (a), 13.05, 13.06, 13.69 (6m), 23.33 (13) (cg), 26.14 (8), 29.971 (1) (c), 29.971 (1m) (c), 29.971 (11m) (a), 29.971 (11p) (a), 30.80 (2g) (b), 30.80 (2g) (c), 30.80 (2g) (d), 30.80 (3m), 36.25 (6) (d), 47.03 (3) (d), 49.127 (8) (a) 2., 49.127 (8) (b) 2., 49.127 (8) (c), 49.141 (7) (a), 49.141 (7) (b), 49.141 (9) (a), 49.141 (9) (b), 49.141 (10) (b), 49.49 (1) (b) 1., 49.49 (2) (a), 49.49 (2) (b), 49.49 (3), 49.49 (3m) (b), 49.49 (4) (b), 49.95 (1), 51.15 (12), 55.06 (11) (am), 66.4025 (1) (b), 66.4025 (1) (c), 69.24 (1) (intro.), 70.47 (18) (a), 71.83 (2) (b), 86.192 (4), 97.43 (4), 97.45 (2), 100.26 (2), 100.26 (5), 100.26 (7), 101.143 (10) (b), 101.94 (8) (b), 102.835 (11), 102.835 (18), 102.85 (3), 108.225 (11), 108.225 (18), 114.20 (18) (c), 125.075 (2), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12) (b), 125.68 (12) (c), 132.20 (2), 133.03 (1), 133.03 (2), 134.05 (4), 134.16, 134.20 (1) (intro.), 134.205 (4), 134.58, 139.44 (1), 139.44 (1m), 139.44 (2), 139.44 (8) (c), 139.95 (2), 139.95 (3), 146.345 (3), 146.35 (5), 146.60 (9) (am), 146.70 (10) (a), 154.15 (2), 154.29 (2), 166.20 (11) (b) 1., 166.20 (11) (b) 2., 167.10 (9) (g), 175.20 (3), 180.0129 (2), 181.0129 (2), 185.825, 200.09 (2), 214.93, 215.02 (6) (b), 215.12, 215.21 (21), 218.21 (7), 220.06 (2), 221.0625 (2) (intro.), 221.0636 (2), 221.0637 (2), 221.1004 (2), 253.06 (4) (b), 285.87 (2) (b), 291.97 (2) (b) (intro.), 291.97 (2) (c), 299.53 (4) (c) 2., 302.095 (2), 341.605 (3), 342.06 (2), 342.065 (4) (b), 342.155 (4) (b), 342.156 (6) (b), 342.30 (3) (a), 342.32 (3), 344.48 (2), 346.17 (3) (a), 346.17 (3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (5), 346.74 (5) (b), 346.74 (5) (c), 346.74 (5) (d), 350.11 (2m), 446.07, 447.09, 450.11 (9) (b), 450.14 (5), 450.15 (2), 551.58 (1), 552.19 (1), 553.52 (1), 553.52 (2), 562.13 (3), 562.13 (4), 565.50 (2), 565.50 (3), 601.64 (4), 641.19 (4) (a), 641.19 (4) (b), 765.30 (1) (intro.), 765.30 (2) (intro.), 768.07, 783.07, 939.50 (3) (b), 939.50 (3) (bc), 939.50 (3) (c), 939.50 (3) (d), 939.50 (3) (e), 939.615 (3) (b), 946.85 (1), 961.41 (1) (a), 961.41 (1) (b), 961.41 (1) (cm) 1., 961.41 (1) (cm) 2., 961.41 (1) (cm) 3., 961.41 (1) (cm) 4., 961.41 (1) (cm) 5., 961.41 (1) (d) 1., 961.41 (1) (d) 2., 961.41 (1) (d) 3., 961.41 (1) (d) 4., 961.41 (1) (d) 5., 961.41 (1) (d) 6., 961.41 (1) (e) 1., 961.41 (1) (e) 2., 961.41 (1) (e) 3., 961.41 (1) (e) 4., 961.41 (1) (e) 5., 961.41 (1) (e) 6., 961.41 (1) (f) 1., 961.41 (1) (f) 2., 961.41 (1) (f) 3., 961.41 (1) (g) 1., 961.41 (1) (g) 2., 961.41 (1) (g) 3., 961.41 (1) (h) 1., 961.41 (1) (h) 2., 961.41 (1) (h) 3., 961.41 (1) (i), 961.41 (1) (j), 961.41 (1m) (a), 961.41 (1m) (b), 961.41 (1m) (cm) 1., 961.41 (1m) (cm) 2., 961.41 (1m) (cm) 3., 961.41 (1m) (cm) 4., 961.41 (1m) (cm) 5., 961.41 (1m) (d) 1., 961.41 (1m) (d) 2., 961.41 (1m) (d) 3., 961.41 (1m) (d) 4., 961.41 (1m) (d) 5., 961.41 (1m) (d) 6., 961.41 (1m) (e) 1., 961.41 (1m) (e) 2., 961.41 (1m) (e) 3., 961.41 (1m) (e) 4., 961.41 (1m) (e) 5., 961.41 (1m) (e) 6., 961.41 (1m) (f) 1., 961.41 (1m) (f) 2., 961.41 (1m) (f) 3., 961.41 (1m) (g) 1., 961.41 (1m) (g) 2., 961.41 (1m) (g) 3., 961.41 (1m) (h) 1., 961.41 (1m) (h) 2., 961.41 (1m) (h) 3., 961.41 (1m) (i), 961.41 (1m) (j), 961.41 (1n) (c), 961.41 (2) (a), 961.41 (2) (b), 961.41 (2) (c), 961.41 (2) (d), 961.41 (3g) (a) 1., 961.41 (3g) (a) 2., 961.41 (4) (am) 3., 961.42 (2), 961.43 (2), 961.455 (1), 968.31 (1) (intro.), 968.34 (3), 968.43 (3) and 977.06 (2) (b) of the statutes; relating to: sentences for felony offenses, parole, eliminating extended supervision and providing penalties.

Analysis by the Legislative Reference Bureau

This bill eliminates the changes made by 1997 Wisconsin Act 283 (the "truth in sentencing" act) to felony penalties and to the structure of felony sentences. Specifically, the bill does the following:

Felony penalties

Current law provides penalties for felonies, which are crimes punishable by imprisonment of more than one year. A felony created in the criminal code is put in one of six classes (Class A, B, BC, C, D or E) and each class has a specific maximum term of imprisonment and a maximum fine. Class A felonies are punishable by life imprisonment. For crimes committed before December 31, 1999, the maximum terms of imprisonment for the other classes of felonies are as follows: - See PDF for table

1997 Wisconsin Act 283 (the "truth in sentencing" act) increased these maximum terms of imprisonment for felonies that are committed on or after December 31, 1999. The maximum terms of imprisonment for the classes of felonies under 1997 Wisconsin Act 283 are as follows: - See PDF for table

1997 Wisconsin Act 283 also increased penalties for nonclassified felony offenses committed on or after December 31, 1999. The penalties are increased by 50% or one year, whichever is greater. Thus, under 1997 Wisconsin Act 283, a maximum penalty of one year of imprisonment will increase to two years of imprisonment, while a maximum penalty of five years of imprisonment will increase to seven years and six months.

This bill eliminates all of the penalty increases made by 1997 Wisconsin Act 283 and restores the penalties provided for offenses committed before December 31, 1999.

The structure of felony sentences

1. The structure of prison sentences for felony offenses committed before December 31, 1999. If a person who commits a felony before December 31, 1999, is sentenced to prison, the person will usually have three possible ways of being released from prison on parole: discretionary parole granted by the parole commission (for which a person is usually eligible after serving 25% of the sentence or six months, whichever is greater); mandatory release on parole (usually granted automatically after the person serves two-thirds of the sentence); or special action parole release by the secretary of corrections (a program designed to relieve prison crowding).

However, the person could be subject to different parole eligibility provisions if the person is a serious felony offender. If a serious felony offender has one or more prior convictions for a serious felony, a judge may set a discretionary parole eligibility date for the offender that is later than 25% of the sentence or six months but not later than the mandatory release date of two-thirds of the sentence. In addition, serious felony offenders need not be automatically released when they reach their mandatory release dates. Instead, the parole commission may deny mandatory release to such an offender in order to protect the public or because the offender refused to participate in counseling or treatment. The serious felony offenders covered by these parole provisions include persons convicted of serious violations such as homicide, battery, sexual assault, mayhem, kidnapping, taking hostages, tampering with household products, arson, armed burglary, armed robbery, carjacking, assault by a prisoner, crimes against children and controlled substances.

If a person is sentenced to life imprisonment for an offense committed before December 31, 1999, the person usually must serve 20 years minus time calculated under the mandatory release formula before he or she is eligible for release on parole. If the person does not receive extensions due to violations of prison rules, he or she reaches parole eligibility after serving 13 years, four months. However, a judge may set a parole eligibility date for a person serving a life sentence that is later than the usual parole eligibility date or may provide that the person is not eligible for parole. Also, if a person has two convictions for any of certain serious felonies and is then convicted a third time for another serious felony, he or she must be sentenced to life without parole (the so-called "three strikes, you're out" law). Likewise, if a person has one conviction for any of certain serious child sex offenses and is then convicted a second time for another serious child sex offense, he or she must be sentenced to life without parole (the so-called "two strikes, you're out" law for serious child sex offenders). No person serving a life sentence of any kind is entitled to mandatory release.

2. The structure of prison sentences for felony offenses committed on or after December 31, 1999. Under 1997 Wisconsin Act 283, if a court chooses to sentence a felony offender to a term of imprisonment in state prison for a felony committed on or after December 31, 1999, the court must do so by imposing a bifurcated sentence that includes a term of confinement in prison followed by a term of community supervision. The offender is not eligible for parole. A bifurcated sentence imposed under the bill must be structured as follows:

1) The total length of the bifurcated sentence may not exceed the maximum term of imprisonment allowable for the felony.

2) The court must set the term of confinement in prison portion of the sentence to be at least one year but not more than 40 years for a Class B felony, 20 years for a Class BC felony, ten years for a Class C felony, five years for a Class D felony, or two years for a Class E felony. If the person is being sentenced for a felony that is not in one of these classes, the term of confinement in prison portion of the sentence must be at least one year but not more than 75% of the total length of the bifurcated sentence.

3) The term of community supervision must equal at least 25% of the length of the term of confinement in prison.

Thus, for example, if a person is convicted of a Class B felony committed on or after December 31, 1999, and a judge sentenced the person to the maximum allowable 40-year term of confinement in prison, the term of community supervision would have to be at least ten years but could not be more than 20 years.

After the person completes the term of confinement in prison portion of the sentence, he or she serves the term of community supervision in which he or she is subject to conditions set by both the court and the department of corrections (DOC) and is subject to supervision by DOC. If a person violates a condition of community supervision, community supervision may be revoked and the person may be returned to serve a period of time in prison.

If a person is sentenced to life imprisonment for a crime committed on or after December 31, 1999, he or she is not eligible for parole. Instead, the judge who is sentencing the person to life imprisonment must do one of the following: 1) provide that the person is eligible for community supervision after serving 20 years; 2) set a date on which the person becomes eligible for community supervision, as long as that date requires the person to serve at least 20 years; or 3) provide that the person is not eligible for community supervision. If the court provides that the person is eligible for community supervision, the person may petition the sentencing court for release to community supervision on or after the community supervision eligibility date. A person sentenced to life who is released to community supervision is on community supervision for the remainder of his or her life and, like a person on community supervision under a bifurcated sentence (see above), may have his or her community supervision revoked and be returned to prison if he or she violates a condition of community supervision. The bill does not affect persons sentenced to life imprisonment without the possibility of parole under the "three strikes, you're out" or "two strikes, you're out" laws.

3. What this bill does. This bill eliminates the sentencing procedure created in 1997 Wisconsin Act 283. Thus, under the bill a prison sentence for a felony that is committed on or after the date the bill becomes law will be structured in the same way as prison sentences for offenses committed before December 31, 1999.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB296, s. 1 Section 1. 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,5 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 2 Section 2. 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,11 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure that exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 3 Section 3. 12.60 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,8,16 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB296, s. 4 Section 4. 13.05 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,8 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both.

AB296, s. 5 Section 5. 13.06 of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,21 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 2 years or both.

AB296, s. 6 Section 6. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed and recreated to read:

AB296,9,25 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 that he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 5 years or both.

AB296, s. 7 Section 7. 19.85 (1) (d) of the statutes is amended to read:

AB296,10,7 19.85 (1) (d) Except as provided in s. 304.06 (1) (eg) and by rule rules promulgated under s. 304.06 (1) (em), considering specific applications of probation, extended supervision or parole, or considering strategy for crime detection or prevention.

AB296, s. 8 Section 8. 20.410 (1) (b) of the statutes is amended to read:

AB296,10,15 20.410 (1) (b) Services for community corrections. The amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB296, s. 9 Section 9. 20.410 (1) (bn) of the statutes is amended to read:

AB296,10,20 20.410 (1) (bn) Reimbursing counties for probation, extended supervision and parole holds. The amounts in the schedule for payments to counties under s. 302.33 (2) (a) for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings.

AB296, s. 10 Section 10. 20.410 (1) (d) of the statutes is amended to read:

AB296,11,2 20.410 (1) (d) Purchased services for offenders. The amounts in the schedule for the purchase of goods, care and services, including community-based residential care, authorized under s. 301.08 (1) (b) 1., for inmates, probationers , and parolees and persons on extended supervision. In addition, funds from this appropriation shall be used to reimburse programs under s. 38.04 (12).

AB296, s. 11 Section 11. 20.410 (1) (g) of the statutes is amended to read:

AB296,11,8 20.410 (1) (g) Loan fund for persons on probation, extended supervision or parole. The amounts in the schedule for the purposes specified in ss. 301.32 (3) and 304.075. All moneys received belonging to absconding probationers, and parolees, and persons on extended supervision under ss. 301.32 (3) and 304.075 shall be credited to this appropriation.

AB296, s. 12 Section 12. 20.410 (1) (gb) of the statutes is amended to read: